"That's the functional equivalent of no bail to probably anyone in the state of California charged with any crime," said Acevedo. "I would request the court to consider reducing the bail to $1 million in light of the fact that my client does not have a criminal record."

Authorities maintain the pictures were of Berndt's students and that they were taken inside his classroom. Investigators said some of the photos show kids eating cookies covered with Berndt's semen. Authorities said there are also photos of children with a large live Madagascar-type cockroach on their faces and mouths.

Acevedo said his client has been threatened in jail and keeping his bail so high could put him at risk.

"I am still concerned for his safety," said Acevedo. "He has been now moved to a different location within the county jail system, but even there, he has been a subject of harassment by fellow inmates."

The case will now move to the criminal courts building for a preliminary hearing May 1, when a date will be set for a hearing to determine if there is enough evidence for him to stand trial.